drug offences, county lines and CSI involvement Flashcards
If a constable has reasonable grounds to suspect that any person is in possession of a controlled drug the constable may:
Search that person, and detain them for the purpose of the search
Search any vehicle or vessel in which the constable suspects that the drug may be found
Seize and detain anything found in the course of the search which appears to the constable to be evidence of an offence under the act
what section of what act does police powers come under
Section 23(2) Misuse of Dugs Act 1971
what section of what act does possession of a controlled drug come under
Section 5(2) Misuse of Drugs Act 1971
possession of a controlled drug
It is an offence for a person to have a controlled drug in his possession without authority
what 4 points need to be proven for being in possession of a controlled drug
The accused had the substance in their possession
The substance is a controlled drug
They had no authority such as a doctors prescription to possess it
They knew of the existence of the substance in their possession
what is lawful possession
Certain people may possess any controlled drug when they are acting in the course of their duty.
Certain people may possess any controlled drug when they are acting in the course of their duty. They include:
Police officers/staff
Customs and excise officers
Carriers
Forensic science laboratory personnel
Post office employees
Which have been prescribed to them
When engaged in conveying the drug to a person who may lawfully have that drug in their possession
where is possession of controlled drugs triable
in either magistrates or the crown court
possession of controlled drug - maximum sentence for Class A
seven years imprisonment and/or fine on indictment and six months imprisonment and/or fine summarily
possession of controlled drug - maximum sentence for Class B
five years imprisonment and/or fine on indictment and three months imprisonment and/or fine summarily
possession of controlled drug - maximum sentence for Class C
two years imprisonment and/or fine on indictment and three months imprisonment and/or fine summarily
cannabis possession
ACPO guidance outlines the procedure to follow when dealing with a person (over 18) who is in possession of a small amount of cannabis consistent with personal use
Diverts less serious offences away from the criminal justice system
Based on a policy of escalation
Aggravating factors
Offenders cannot receive multiple warnings or PNDs
what 3 options do officers have with cannabis possession
Stage 1 – cannabis warning
Stage 2 – Issue a Penalty Notice for Disorder (PND)
Stage 3 – Arrest
what section of what act does supplying a controlled drug come under
• Section 4(3) Misuse of Drugs Act 1971
supplying a controlled drug - it is an offence for any person unlawfully to
Supply a controlled drug to another
Be concerned in the supply of a controlled drug to another
Offer to supply a controlled drug to another
Be concerned in the making of an offer to supply a controlled drug to another
where is supplying a controlled drug triable
either the magistrates or the crown court
supplying a controlled drug - max sentence for Class A
life imprisonment and/or fine on indictment and six months imprisonment and/or fine summarily
supplying a controlled drug - max sentence for Class B
fourteen years imprisonment and/or fine on indictment and six months imprisonment and/or fine summarily
supplying a controlled drug - max sentence for Class C
fourteen years imprisonment and/or fine on indictment and three months imprisonment and/or fine summarily
what section and act does possession with intent to supply come under
Section 5(3) Misuse of Drugs Act 1971
possession with intent to supply
It is an offence for a person to have a controlled drug in his possession whether lawfully or not, with the intent to supply it to another
what 3 points need to be proven with possession with intent to supply
The defendant was in possession of drugs
The drugs are controlled drugs
The defendant intended to supply the drugs to another
where is possession with intent to supply triable
either the magistrates or the crown court
how do sentencing vary with possession with intent to supply
between different drug classes, the quantity of the drug and how high up the supply chain the defendant is
possession with intent to supply - max sentence for Class A
life imprisonment and/or fine on indictment and six months imprisonment and/or fine summarily
possession with intent to supply - max sentence for Class B
fourteen years imprisonment and/or fine on indictment and six months imprisonment and/or fine summarily
possession with intent to supply - max sentence for Class C
fourteen years imprisonment and/or fine on indictment and three months imprisonment and/or fine summarily
what section and act does production of a controlled drug come under
Section 4(2) Misuse of Drugs Act 1971
production of a controlled drug
It is an offence for any person unlawfully to produce a controlled drug or be concerned in the production of a controlled drug
what 3 points need to be proven for production of a controlled drug
Be concerned
In the production
Of a controlled drug
where is production of a controlled drug triable
magistrates or the crown court
what does sentencing for production of a controlled drug vary on
The size of the operation
The class of drugs involved
The quantity of drugs
The nature of the defendant’s involvement
production of a controlled drug - max sentence for Class A
life imprisonment and/or fine on indictment and six months imprisonment and/or fine summarily
production of a controlled drug - max sentence for Class B
fourteen years imprisonment and/or fine on indictment and six months imprisonment and/or fine summarily
production of a controlled drug - max sentence for Class C
five years imprisonment and/or fine on indictment and three months imprisonment and/or fine summarily
example of a drug seizure
• September 2019:
– Nearly 1.3 tonnes of heroin were recovered from a container ship after it docked at the port of Felixstowe
– Worth around £27 million at wholesale
– Worth in excess of £120 million at street level
proceeds of crime act 2002
• Proceeds of crime – money or assets gained by criminals during the course of their criminal activity
• The act aims to:
– Deny criminals the use of their assets
– Recover the proceeds of crime
– Disrupt and deter criminality
• Any money earned as a result of, or in connection with an offence can be recovered. It also includes assets bought with the proceeds of crime
what does the home office define county lines as
The police term for urban gangs supplying drugs to suburban areas and market and coastal towns using dedicated mobile phone lines or “deal lines”. It involves child criminal exploitation (CCE) as gangs use children and vulnerable people to move drugs and money. Gangs establish a base in the market location, typically by taking over the homes of local vulnerable adults by force or coercion in a practice referred to as “cuckooing”.’
- Involves the exploitation of vulnerable young people and adults by gang members in order to move and sell drugs across the country
- Gangs from big cites expand their operations to smaller towns
- Heroin and crack cocaine are the most common drugs being supplied
what 5 things involve CSI
Presumptive drug testing
Attending search warrants with officers
Attending Cannabis factories
Clandestine drug labs
Lab submissions
Cannabis factory
Refers to a commercial or residential property used to grow cannabis
Premises will have been adapted to the extent that the normal usage of the premises or part of the premises will not be possible
Range in size from just part of a room to the whole of a commercial property such as a warehouse
Majority are discovered through reports from members of the public of suspicious activity
Health and Safety – Risk of ‘traps’ – electric wires attached to handles and the mains electricity, containers of acid above doorways
cannabis growing cycle
Forced cycle of 8-14 weeks
controlled indoor cultivation of cannabis has what 5 stages
– Cuttings – Active Growth – Induction – Flowering – Harvesting
Cannabis factory examination
Photograph and sketch a plan of the layout – number the rooms
Take dimensions of each room
Count and record the number of plants in each room and batch
Take a sample of the plants
Record the number of lamps, transformers and timers – along with the settings for each room – photograph any manufacturer details
DNA
Fingerprints
clandestine drugs lab
Very little illicit manufacture of synthetic drugs in the UK
Derelict, abandoned or underused buildings
Can pose serious risks to public health and safety
Environmental Contamination
Manufacturing processes are often crude, uncontrolled and extremely dangerous
Chemicals – flammable/toxic/corrosive
crime scene
Most items are best placed into tamper evident bags
Plant material in its entirety should be packaged in paper sacks
Liquids should be decanted
Sharps should be packaged in a sharps (knife/weapons) tube
Suspected drug traces can be swabbed
Drugs may not be the only evidence type present at a scene – may be other information to identify offenders or link scenes e.g. mobile phones, money, packaging materials
lab submissions
It is for the prosecution to prove that a drug is controlled at the time that the offence was committed
Examination of trace and bulk drugs
Examination of drug packaging/wraps and paraphernalia
